[Hypothetical] TB Defamation Suit Thread

[Gumby]

ok, it hasn't happened yet, but I think it will (take it with a grain of salt, I thought TB would go to the supremes. So that shows what I know). And I would certainly BEG, PLEAD, AND URGE TB to file one and get the discovery-team combing the NYJFL servers.

I thought a thread should be started focused purely on a defamation suit. It's been addressed tangentially in almost every other deflate-sting-gate thread, but Idont think it's had its own.
(merge if you must cause I missed it)

So, baseline: here is what Cornell law has to say:
https://www.law.cornell.edu/wex/defamation

Defamation
Elements and Complaint
Defamation is a statement that injures a third party's reputation. The tort of defamation includes both libel (written statements) and slander (spoken statements).

To win a defamation case, a plaintiff must show four things:
1) a false statement purporting to be fact; [my note: see below]
2) publication or communication of that statement to a third person;
3) fault amounting to at least negligence; and
4) damages, or some harm caused to the person or entity who is the subject of the statement.

. . . .

However, for Publicly-known figures to succeed on defamation claims, the U.S. Supreme Court has held in St. Amant v. Thompson that the public-figure plaintiffs must show that the false, defaming statements have been said/made with "actual malice" which is established through that is, with knowledge that it was false or with reckless disregard of whether it was false or not.

So, in my mind TB's legal team is only waiting for him to sit at least ONE game to make #4 a slam dunk. The other three are already a slam dunk (IMO). But again, what the heck do I know.

I just hope they file in 1CA district this time.

 

[PatsWickedPissah]

I am SO done with fruitless legal speculation.
Look where it got us.

 

[Gumby]

I am SO done with fruitless legal speculation.
Look where it got us.

Fair enough. those who are mentally exhausted by it all at this point have every right to ignore this thread.

 

[libra957]

I think the best we can hope is for this story to die as soon as possible, it will start as soon as the media stop giving it coverage.

 

[PatsBoy12]

Fair enough. those who are mentally exhausted by it all at this point have every right to ignore this thread.

No diss to you, but I hope you have a lifetime supply of Snickers bars if this is what you are waiting to see. It's simply not going to happen no matter how much some fans pine for it. First it was spike and punt, now this? We're all upset, but football will be played normally in NE and they'll still be contenders. I'm satisfied with that.

 

[bresna]

As I understand it, Brady's chances of winning a defamation lawsuit in a US court of law are very low due to his celebrity status. In years past, famous people have used the English court system to circumvent this. Since the NFL does business in England, can't Brady go this route? I know that British law was changed in 2013 to limit foreign nationals from using British courts but Brady could easily use his TB12 brand (which does business there) and bring this lawsuit forward as a corporation being defamed.

The best thing about British defamation lawsuits is that the burden of proof is on the defendant, not the plaintiff. So the NFL would have to present evidence that they DIDN'T defame Brady, which would likely mean that all their E-mails would have to come to light. I'd love to see these E-mails.

 

[QuantumMechanic]

As I understand it, Brady's chances of winning a defamation lawsuit in a US court of law are very low due to his celebrity status. In years past, famous people have used the English court system to circumvent this. Since the NFL does business in England, can't Brady go this route? I know that British law was changed in 2013 to limit foreign nationals from using British courts but Brady could easily use his TB12 brand (which does business there) and bring this lawsuit forward as a corporation being defamed.

The best thing about British defamation lawsuits is that the burden of proof is on the defendant, not the plaintiff. So the NFL would have to present evidence that they DIDN'T defame Brady, which would likely mean that all their E-mails would have to come to light. I'd love to see these E-mails.

Even if he was able to do it and won, it'd be unenforceable in the US because (thankfully!!) the US passed a law in 2010 making foreign libel judgments unenforceable if they were obtained in countries that aren't at least as protective of the defendant's rights in libel actions as the US is. Google for "SPEECH Act".

 

[IcyPatriot]

I would love it if just for the discovery phase .

 

[bresna]

Even if he was able to do it and won, it'd be unenforceable in the US because (thankfully!!) the US passed a law in 2010 making foreign libel judgments unenforceable if they were obtained in countries that aren't at least as protective of the defendant's rights in libel actions as the US is. Google for "SPEECH Act".

Brady doesn't have to worry about US enforcement. The NFL does business in the UK and TB12 does business in the UK so it would be enforceable in the UK. The NFL plays a game there every year. Any judgement against them in the UK is enforceable in the UK. I'm sure Brady would take a defamation payout in Pounds as well as dollars.

 

[VectorPrime]

He is not going to file a defamation suit. It's over.

 

[Kontradiction]

If it was even possible, one would have to wonder if he would have any backing whatsoever from that gutless, spineless jellyfish Kraft.

 

[PatsBoy12]

The mods should probably change the title of this thread until there is a suit, IF there's a suit.

 

[BelichicksBlackEye]

He is not going to file a defamation suit. It's over.

I could not agree more. I think we have found out a lot about Brady the man throughout all of this and I believe he is too classy for a defamation suit. This would be below him.

 

[billdog3484]

ok, it hasn't happened yet, but I think it will (take it with a grain of salt, I thought TB would go to the supremes. So that shows what I know). And I would certainly BEG, PLEAD, AND URGE TB to file one and get the discovery-team combing the NYJFL servers.

I thought a thread should be started focused purely on a defamation suit. It's been addressed tangentially in almost every other deflate-sting-gate thread, but Idont think it's had its own.
(merge if you must cause I missed it)

So, baseline: here is what Cornell law has to say:
https://www.law.cornell.edu/wex/defamation


So, in my mind TB's legal team is only waiting for him to sit at least ONE game to make #4 a slam dunk. The other three are already a slam dunk (IMO). But again, what the heck do I know.

I just hope they file in 1CA district this time.

not gonna happen.

 

[XLIX]

The dorito dinks should be the ones to sue, if only to go through discovery then leak back to the team and Tom what discovery revealed.

 

[letekro]

I would love it if just for the discovery phase .

You realize in a defamation suit discovery swings both ways right? Tom came out of this fairly clean to everyone who is not a mouth breathing hater. Why would he want to open up all his private conversations to discovery? He doesn't and he won't, so this will never, ever happen.

 

[RelocatedPatFan]

I know the NFL* isn't the brightest bunch.

But even they, with their 550+days had to have cleaned their servers by now. You'd need some serious forensic data retrievers or disgruntled employee with the data. I find it less likely that'd we find a smoking gun.

but, you never know.

I don't think Tom will pursue because time will be on his side and his legacy will be intact. Over time, the stories will come out (I hope) about how this was all set up. People usually don't like to hold on to secrets and if we've learned anything...people tend to get rather loose lipped when their faculties start diminishing (I won't state that timeframe in the event it offends anyone ).

 

[IcyPatriot]

You realize in a defamation suit discovery swings both ways right? Tom came out of this fairly clean to everyone who is not a mouth breathing hater. Why would he want to open up all his private conversations to discovery? He doesn't and he won't, so this will never, ever happen.

He did offer up his phone and all relevant material they asked for.

 

[XLIX]

I know the NFL* isn't the brightest bunch.

But even they, with their 550+days had to have cleaned their servers by now. You'd need some serious forensic data retrievers or disgruntled employee with the data. I find it less likely that'd we find a smoking gun.

1) It would be highly, highly inappropriate for Wells to have cleaned his servers within little over a year after releasing his report. So inappropriate that it would virtually prove a cover up

2) You don't need emails to ask who leaked the original 2 PSI report to Mortensen

3) You also wouldn't need emails to ask about recent PSI measurements

 

[letekro]

He did offer up his phone and all relevant material they asked for.

Except the texts from the relevant time period (Nov. 2014-March 2015). Subpoenas would issue to all those he texted, depositions would be taken, there would be potential for all sorts of things to come out.